30B-120 145 Vernon Street wetlands Certificate of Compliance- 2013July 12, 2013
Heather Wark
56 Old Stage Road
Hatfield MA, 01038
Dear Ms. Wark:
Thank you,
Sajah LaValley
PLANNING AND ILHY CITY OF NORTHAMPTON
planning conservation zoning northampton GIS historic community preservation central business architecture
Sarah LaValley Canservalion, Preservation, Land Use Planner slnvalley @northamplonma.gov 413- 587 -1263
RE: Certificate of Compliance: DEP File #246 -o637; 145 Vernon Street, Map ID 30B -120
Enclosed please find the original Certificate of Compliance for the above referenced file number; a two
story addition. This Certificate must now be recorded at the Hampshire County Registry of Deeds, and
the Commission provided with the book and page reference.
Please note ongoing conditions:
Language indicating that the property is subject to the wetlands protection act must be included
in any instrument conveying ownership of the property
Downspout rainbarrels must continue to be maintained
Alteration within the riverfront mitigation area shown on project plans is prohibited
Please feel free to contact me with any questions.
City Hall 210 Main Street, Room 11 Northampton, MA 01060 www.NorthamptonMa.gov Fax 413 587 -1264
original printed on recycled paper
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Massachusetts Department of Environmental Protection
Bureau of Resource Protection Wetlands
WPA Form 8B Certificate of Compliance
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. Project Information
1. This Certificate of Compliance is issued to:
Heather Wark
Name
56 Old Stage Road
Mailing Address
Hatfield
City/Town
2. This Certificate of Compliance is issued for work regulated by a final Order of
Conditions issued to:
Heather Wark
Name
February 9, 2010
Dated
Bk: 11420 Pg: 304
3. The project site is located at:
145 Vernon Street Northampton
Street Address City/Town
30B 120
Assessors Map /Plat Number Parcel/Lot Number
the final Order of Condition was recorded at the Registry of Deeds for:
Joan Weigele
Property Owner (if different)
Hampshire
County
I II I II I 111 H H i IIIH
2013 000196 5
Bk: 11420Pg: 304 Page: 1 of 4
Recorded: 08/12/2013 03:15 PM
10096
Book
DEP File Number:
246 -0637
Provided by DEP
MA 01038
State Zip Code
246 -0637
DEP File Number
311
Page
Certificate
4. A site inspection was made in the presence of the applicant, or the applicant's agent,
on:
June 20, 2013
Date
wpafrm8b.doc rev. 12/23/09 WPA Form 8B, Certificate of Compliance Page 1 of 3
Massachusetts Department of Environmental Protection
Bureau of Resource Protection Wetlands DEP File Number:
WPA Form 8B Certificate of Compliance
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
B. Certification
Check all that apply:
Complete Certification: It is hereby certified that the work regulated by the
above referenced Order of Conditions has been satisfactorily completed.
Partial Certification: It is hereby certified that only the following portions of work
regulated by the above referenced Order of Conditions have been satisfactorily
completed. The project areas or work subject to this partial certification that have
been completed and are released from this Order are:
Invalid Order of Conditions: It is hereby certified that the work regulated by the
above referenced Order of Conditions never commenced. The Order of
Conditions has lapsed and is therefore no longer valid. No future work subject to
regulation under the Wetlands Protection Act may commence without filing a new
Notice of Intent and receiving a new Order of Conditions.
(p Ongoing Conditions: The following conditions of the Order shall continue:
(Include any conditions contained in the Final Order, such as maintenance or
monitoring, that should continue for a longer period).
Ncx
Condition Numbers:
33, 3 3�
C. Authorization
Issued bv:
a
Conservation Co mission
Signatures:
Bk: 11420 Pg: 305
a e of Issuan
This Certificate must be signed by a majority of the Conservation Co mission and a
copy sent to the applicant and appropriate DEP Regional Office (See
http://www.mass.gov/dep/about/region/findyour.htm).
wpafrm8b.doc rev. 12/23/09 WPA Form 8B, Certificate of Compliance Page 2 of 3
Bk: 11420 Pg: 306
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NOTICE OF INTENT
145 VERNON STREET
NORTHAMPTON, MASSACHUSETTS
clena,ana:
WARK RESIDENCE
145 VERNON STREET
NORTHAMPTON, MA
f,Erz by
NEW EXCITANT) INVIRONMENTAI, TNL.
b ton burro i. Qpsul :ma S"VkT7
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Bk: 11420 Pg: 307
Massachusetts Department of Environmental Protection
Bureau of Resource Protection Wetlands
WPA Form 8B Certificate of Compliance
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
D. Recording Confirmation
The applicant is responsible for ensuring that this Certificate of Compliance is recorded in
the Registry of Deeds or the Land Court for the district in which the land is located.
Detach on dotted line and submit to the Conservation Commission.
To:
Please be advised that the Certificate of Compliance for the project at:
for:
Conservation Commission
wpafrm8b.doc rev. 12/23/09
ATTEST: HAMPSHIRE
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
County
Property Owner
and has been noted in the chain of title of the affected property on:
Date Book
If recorded land, the instrument number which identifies this transaction is:
If registered land, the document number which identifies this transaction is:
Document Number
Signature of Applicant
MARY (/J
LBER
DEP File Number:
246 -0637
Provided by DEP
Page
WPA Form 8B, Certificate of Compliance Page 3 of 3
t Ot REGISTER,
January 22, 2010
Northampton Conservation Commission
City Hall
210 Main Street
Northampton, MA 01060
RE: Response to DEP Comments on File Number Form
Notice of Intent for Addition to Single Family House
145 Vernon Street, Northampton
DEP File # WE 246-0637
NEE Project # 09-3525
Dear Members of the Commission,
This letter responds to the comments by DEP in the file number notification form. The comments
from DEP are illustrated below in italicswhile the response is in plain text.
[1] The applicant should sign the NOI.
The applicant did sign the NOI. Heather Wark’s signature was included on a faxed copy of page 8
of the NOI. The owner, Joan Weigele, also signed the NOI and her signature is also included
following the NOI form.
[2] The requirement under 310 CMR 10.58(4)(c)3. for an alternatives analysis does not appear
to have been addressed. The regulations state that the applicant shall demonstrate that there
are no practicable and substantially equivalent economic alternatives as defined in 310 CMR
10.58(4)(c)1., within the scope of alternatives as set forth in 310 CMR 10.58(4)(c)2., with less
adverse effects on the interests identified in M.G.L. c. 131 §40. The applicant shall submit
information to describe sites and the work both for the proposed location and alternative site
locations and configurations sufficient for a determination by the issuing authority under 310
CMR 10.58(4)(d). For example, the commission could require that an alternative be submitted
moving the addition to the other side of the house farther away from the River or could ask for a
smaller footprint. Both these alternatives would appear to have less of an adverse effect on the
Riverfront Area that putting it where proposed.
After discussing this project with Mark Stinson at DEP, NEE has determined that the proposed
addition should be filed under 310 CMR 10.58(5), as redevelopment within previously developed
Riverfront Area. This is discussed more fully after the third DEP comment.
[3] In the alternative, the work could be submitted as a Riverfront Redevelopment project under
310 CMR 10.58(5) and there is no requirement for any alternatives analysis. There is a
requirement for some type of improvement under 310 CMR 10.58(5)(a) and there may be a
requirement for some mitigation under 310 CMR 10.58(5)(g). The applicant is encouraged to
resubmit under the redevelopment section.
As stated above, this project should be submitted under 310 CMR 10.58(5) Redevelopment Within
Previously Developed Riverfront Areas. The Performance Standards under this section are listed
Bold text
below in , while the responses are in plain text.
(5) Redevelopment Within Previously Developed Riverfront Areas: Restoration and
Mitigation. Notwithstanding the provisions of 310 CMR 10.58(4)(c) and (d), the issuing
authority may allow work to redevelop a previously developed riverfront area, provided the
proposed work improves existing conditions. Redevelopment means … expansion of existing
structures … of previously developed areas. A previously developed riverfront area contains
areas degraded prior to August 7, 1996 by impervious surfaces from existing structures or
pavement, absence of topsoil, junkyards, or abandoned dumping grounds. Work to redevelop
previously developed riverfront areas shall conform to the following criteria:
(a) At a minimum, proposed work shall result in an improvement over existing
conditions of the capacity of the riverfront area to protect the interests identified in
M.G.L. c. 131 § 40. When a lot is previously developed but no portion of the riverfront
area is degraded, the requirements of 310 CMR 10.58(4) shall be met.
The specific site conditions on this property were discussed with Mark Stinson of DEP. The area
proposed for the addition is located within an area that currently consists of grass, a portion of which
is currently used to park a vehicle. Mr. Stinson felt that this site would qualify under the
Redevelopment provision.
To improve the “existing conditions of the capacity of the riverfront area to protect the interests”
identified in the Act, NEE has recommended to the applicant that exotic invasive species on the
slope between the house and the Mill River be controlled and that the slope be replanted with native
species.
(b) Stormwater management is provided according to standards established by the
Department.
Single family homes are exempt from stormwater management. However, the applicant will install a
rain barrel on the downspout of the gutter system on the addition to collect water to be used for
gardening. Overflow, if any, from the rain barrel will go into a dry well so that roof water will be
infiltrated and will not run off the site.
(c) Within 200 foot riverfront areas, proposed work shall not be located closer to the
river than existing conditions or 100 feet, whichever is less … except in accordance with
310 CMR 10.58(5)(f) or (g).
Response to DEP Comment Letter Page 2 January 22, 2010
Addition to Single Family House DEP File # WE 246-0637
145 Vernon Street, Northampton, MA NEE Project # 09-3525
The existing garage at its closed point is approximately 89 feet from the Mill River. The proposed
addition will be located 120 feet from the bank of the river, thus both further than the current
existing structure on the property and more than 100 feet.
(d) Proposed work, including expansion of existing structures, shall be located outside
the riverfront area or toward the riverfront area boundary and away from the river,
except in accordance with 310 CMR 10.58(5)(f) or (g).
The applicant does not want to locate the proposed addition in the front of the house and instead
plans to offer restoration of degraded riverfront as described 310 CMR 10.58(f) and mitigation as
described 310 CMR 10.58(5)(g). These are described in more detail below.
(e) The area of proposed work shall not exceed the amount of degraded area, provided
that the proposed work may alter up to 10% if the degraded area is less than 10% of
the riverfront area, except in accordance with 310 CMR 10.58(5)(f) or (g).
Total riverfront area on the property is 14,033 square feet. The existing developed riverfront area on
the property (which includes the area proposed for the addition) is 7,850 square feet, or
approximately 56%. The proposed addition will not increase the developed portion of the riverfront.
However, as the total developed riverfront area exceeds 10%, the applicant is submitting a
restoration and mitigation plan as described below.
(f) When an applicant proposed restoration on-site of degraded riverfront area,
alteration may be allowed notwithstanding the criteria of 310 CMR 10.58(5)(c), (d),
and (e) at a ratio in square feet of at least 1:1 of restored area to area of alteration not
conforming to the criteria. Areas immediately along the river shall be selected for
restoration. Alteration not conforming to the criteria shall begin at the riverfront area
boundary. Restoration shall include:
1. removal of all debris, but retaining any trees or other mature vegetation;
2. grading to a topography which reduces runoff and increase infiltration;
3. coverage by topsoil at a depth consistent with natural conditions at the site;
and
4. seeding and planting with an erosion control seed mixture, followed by
plantings of herbaceous and woody species appropriate to the site.
There are approximately six immature trees on the slope, including elm, Ulmus sp., sweet birch,
Betula lenta, and hickory, Carya sp. All tree species will remain on the site. As stated in the Notice
of Intent, there are also many exotic invasive species, both herbaceous and woody.
The exotic species are recommended to be removed from the embankment through the application of
a foliar herbicide and/or cutting. Species to be treated include two exotic vines: Asian bittersweet,
Celastrus orbiculatus, and winter creeper, Euonymus fortunei. Exotic herbaceous species observed
Response to DEP Comment Letter Page 3 January 22, 2010
Addition to Single Family House DEP File # WE 246-0637
145 Vernon Street, Northampton, MA NEE Project # 09-3525
included garlic mustard, Alliaria petiolata, and Japanese knotweed, Polygonum cuspidatum. An
exotic invasive shrub observed was Morrow’s honeysuckle, Lonicera morrowii.
Due to steepness of this site and its proximity to the Mill River, no grading or soil disturbance other
than to plant small trees and shrubs will be completed. The planting plan below and the proposed
rain barrel for the addition will both increase infiltration and decrease run-off from the site.
Top soil has not been removed on the slope; and no additional topsoil will be brought in. The
existing topsoil is the natural condition at the site.
A light seeding with 2 lbs. of New England Conservation/Wildlife Mix is recommended near the top
of the slope. Table 1 provides the list of species in this mix.
Table 1:2009 New England Seed Mix
Botanical NameCommon Name
Agrostis perennans
Upland Bentgrass
Andropogon gerardii Big Bluestem
Chamaecrista fasciculata (Cassia f.)
Partridge Pea
Elymus virginicus Virginia Wild Rye
Festuca rubra
Creeping Red Fescue
Juncus effusus Soft Rush
Juncus tenuis
Path Rush
Dichanthelium clandestinum Deer Tongue
Panicum virgatum
Switch Grass
Schizachyrium scoparium Little Bluestem
Sorghastrum nutans
Indian Grass
(g) When an applicant proposes mitigation either on-site or in the riverfront area
within the same general area of the river basin, alteration may be allowed
notwithstanding the criteria of 310 CMR 10.58(5)(c), (d), or (e) at a ratio in square feet
Response to DEP Comment Letter Page 4 January 22, 2010
Addition to Single Family House DEP File # WE 246-0637
145 Vernon Street, Northampton, MA NEE Project # 09-3525
of at least 2:1 of mitigation area to area of alteration not conforming to the criteria or
an equivalent level of environmental protection where square footage is not a relevant
measure. Alteration not conforming to the criteria shall begin at the riverfront area
boundary. Mitigation may include off-site restoration of riverfront areas, conservation
restriction under M.G.L. c. 184, §§ 31 to 33 to preserve undisturbed riverfront areas
that could be otherwise altered under 310 CMR 10.00, the purchase of development
rights within the riverfront area, the restoration of bordering vegetated wetland,
projects to remedy an existing adverse impact on the interests identified in M.G.L. c.
131, § 40 for which the applicant is not legally responsible, or similar activities
undertaken voluntarily by the applicant which will support a determination by the
issuing authority of no significant adverse impact. Preference shall be given to
potential mitigation projects, if any, identified in a River Basin Plan approved by the
Secretary of the Executive Office of Environmental Affairs.
Planting the slope between the house and river with native trees and shrubs is offered as mitigation
for the proposed addition. The total footprint of the proposed addition is 686 square feet. A 2:1
mitigation would cover 1,372 square feet. Mature trees cover approximately 100 square feet, so tree
saplings are planted 10 feet on center. A minimum of 14 tree saplings would need to be planted to
reach this coverage. NEE recommends that 18 restoration tree saplings be planted on the slope.
Table 2 provides the species, numbers, and sizes to be planted.
Table 2:List of Species to be Planted on Slope
Botanical NameCommon NameNumber Size
Acer saccharum Sugar Maple 5 4-5’
Fraxinus americana 4 4-5’
White Ash
Carpinus caroliniana American Hornbeam 3 4-5’
Betula lenta 2 4-5’
Sweet Birch
Ulmus americana/U. rubra American or Slippery Elm2 4-5’
Carya ovata 2 4-5’
Shagbark Hickory
(h) The issuing authority shall include a continuing condition in the Certificate of
Compliance for projects under 310 CMR 10.58(5)(f) or (g) prohibiting further
alteration within the restoration or mitigation area, except as may be required to
maintain the area in its restored or mitigated condition. Prior to requesting the
issuance of the Certificate of Compliance, the applicant shall demonstrate the
Response to DEP Comment Letter Page 5 January 22, 2010
Addition to Single Family House DEP File # WE 246-0637
145 Vernon Street, Northampton, MA NEE Project # 09-3525